Filing small claims court papers...Easy???

[FastEddy]

So a Jerk owes me money and doesn't show up to pay me the 3 times he said he would over the last 7 months so I decided to try my hand at small claims court.

Here in CA the Superior court has an online system that asks you the questions and fills out the papers to be printed. It took me about 10 minutes to do it. Cool as hell. So I go to the Court House to file them and stand in line with 13 other people in front of 7 windows of witch only 1 was open. I get up to the window and hand them the papers. Well.... She looks at them and says you did this onine didn't you? Yes I say yes and she hands them back and tells me that they made a mistake and there was one question they forgot to ask. The question is what is the Zip code of the person I am taking to court. So instead of being able to wright it on the paper she sends me to another window to get the proper forms.

I stand in line for another 14 minutes to get the forms and fill them out while standing back in the first line again for 41 minutes. I get back up to the window and he looks over the papers then tells me I need to fill out another paper because I'm a business and need to prove I have a Fictitious business filing. I stand in the forms line again for 6 minutes this time and get the paper. I'm on the cell phone getting the info to fill out the new form while back in first line again.

22 minutes later I get back up to the window and get everything filed. She then asks me how many copies I made of the forms because she needed to keep the originals and I need copies for myself and to serve on the deadbeat. She directs me to the copy machine in room 107 for .50 a sheet or I can have her make them for me at the cost of $2.00 a page. Needless to say I gladly forked over $24.00 for 2 copies.

The funny thing about this is that there were 5-6 of us standing in the same lines time after time all afternoon. Well I got the papers filed and a court date set. Now I have to go pay the Sheriff Department to go serve them.

I think they do this to discourage people from filing small claims.

 

[vbgagnon]

But the good thing is...you get all those costs back, and get to embarass the ass at the same time. To me its well worth it!

 

[dougc]

lol you should take it to judge judy. That would be a episode I would tivo.
That sucks that people wont pay up when it is their fault. Even if I made a mistake I am willing to pay for it, I dont expect the guy behind to take the fall of me.

 

[jetmechG550]

15 minutes to Wapner, uh oh!

 

[vbgagnon]

Hey if you go on TV they pay you more. Can't go wrong with that. I'd like to see Ed and his mafia look take on this poor guy. I'd tivo it too!

 

[HeartBreak]

I'm glad I don't owe ya money, Eddy; You'd prolly pay someone to take me out to the back-40 and have my knees 'adjusted' instead of standing in another !$#!@$!@# line (and I wouldn't blame ya one bit).

 

[4u2nv]

I'm still thinking about it on that one lady I was tell ya about Eddie with the Chiropractic sign that screwd me out of $250. I'm not the court type, but poop.. Shes a Dr. and can't paint $250 for the signs for her Dr's office?? Screw that...

Good luck with all of it bro, and keep us posted!

 

[FastEddy]

Its a local here that installs video security systems. He took 50% down to do both of my stores then a month later told me he couldn't do it for the contracted price. He asked if he could just refund my money and call it a day. Being the nice guy I am I told him I would let him out of the contract, no big deal. A month later and no money. I called him on the phone and a week later he brought me $400.00 of the $1,200.00 I paid him. Now its 6 months and several missed payments later and he doesn't return my calls.

I called him again today to let him know I filed and gave him till Monday to pay up before having the Sheriff serve him. I tried to be nice and let him make payments but he fiddlesticked that all up....

 

[HeartBreak]

Do you have all the reciepts of payment so you can establish a rock-solid paper trail? You gotta remember; a guy who'll try to mess you over on a debt is a guy who won't hesitate to call the slimiest lawyer in the yellow pages.

 

[FastEddy]

Hell yes i do.
One of the first things in I learned in business is to keep everything. Another thing I do is write mini agreements for people doing service for me. After he gave me an invoice I made him sign a sheet that outlined the additional issues we agreed on like the line line for completion of the work as well as the amount of time he was willing to spend on training. Its all documented, signed and dated.

I had a bad feeling going into this that his bid was to low so I was careful to cover my ass. I have learned over time not to second guess a gut feeling no mater how small it is.

 

[4u2nv]

man thats bunk. What a moron. Whats he thinking? That your just gonna forget about it?? Some people are so stupid. Should be a pretty easy open and close case for ya ed. Charge some interest on that biotch!

 

[HeartBreak]

Sounds like a definately interesting court date - too bad it's a bit of a drive, or I'd bring a lunch. I'd be interesting to see if the worm even shows up for court.

 

[Plaidfish]

I agree w/ HB....scum like that don't care about any rules......why would he go to court?? well eddie can have his business fiddlesticked pretty royally...he'll just work under the table for a while......these sub-contractor nightmares I have to deal w/ are UNREAL...We don't even bother w/ claims less than 20k anymore.....we got raked over the coals too many times here......

 

[sweetdiesel]

Good luck with the court case Ed. If you wish I will gladly make an apearance at the court date. Just in case you lose in court I'll make sure the deadbeat hobbles the rest of the way home.

 

[Monkey Wrench]

Man, should've called me! I can do that stuff blindfolded! For the cost of a flight out there (coach), plus materials I'd of been very happy to install it for you! Just a place to lay my happy head at night and maybe a toner cartridge for my printer, all I would've asked for!

I hope it works out, man! It's unfortunate you got the shaft on that.

 

[FastEddy]

I fully researched the products, and installation isn't a big deal. I just wanted to help out a local and not have to deal with doing it myself. The price was only $200 different then doing it myself.

You did bring up a good point that crossed my mind. I will win, its cut and dry but collecting is another issue. If he doesn't show up or does.... A judgment is just that, a judgment. I still have to worry about collecting.

I guy was stupid enough to let me make a copy of his DL and SS card I have called the SBE (State resale tax) and reported the sale to find he doesn't have a resale license. I'm sure they have or will send him a letter. I also contacted the city and reported him for operating a business without a license. I'm thinking its going to far and don't want to be charged with herrasment by notifying the IRS. I will do what I can within the law to make sure he knows he pissed me off.

If all else fails, I have a friend that runs a large collection agency that offered to turn it over to his top collecting agent. Its a small town and I just hope he decides to step up. In the past he has done some good work for others and hopefully he will find the cash and do whats right.

I don't like the courts but a guy needs to do what he needs to do. Honestly I have better things to do then chase $800.00. Its not going to kill me if I never see it again but its still a good amount of money. The way I look at it, I would have to sell 2.5k in product to make it back.

 

[Plaidfish]

screw the money...it's the principle of it......If he did it once on a $1200 tab he'll do it again......If he's got financial trouble then he needs to just step up to ya and admit it and try to work it out....he obviously has no interest in paying you back since he's been hard for you to get in touch w/.......it's funny how people think they can walk away from debt and the debtor will just forget.....pin his sac to the wall and post pics in your store with a big freakin warning to not use him if he doesn't show or pay up........

 

[FastEddy]

post pics in your store with a big freakin warning to not use him if he doesn't show or pay up........

Funny you should say that. Several years ago I got sued for doing exactly that. I had a check written on a closed account pinned to my register with a note that said "Do you know this deadbeat?" Well someone did and told him about it. The next thing you know my insurance was paying him 5k for slander and defamation. He claimed that circumstances beyond his control made it impossible for me to contact / find him but he intended to pay it as soon as he could. The reason I couldn't find him is that he was in jail for 6 months. The insurance company paid him just to make him go away.(Minus the 65.00 and bank fees he owed me)

 

[robriguez]

I love our country's laws. Was a story some time ago about a crook who broke into someones garage, was the attached to the house kind. Then in trying to break into the house he hurt himself real bad and coudnt get back out. He was locked in the garage for 3-4 days while the people were away. After they found him and while he was in jail for trying to rob them, he sued them for some safety fire code violation or somesuch. Something about how you have to make it easy to escape the building should there be a fire. Also got some pain and suffering money cause he was dehydrated and starving from not having anything to drink and eat for 3-4 days. Got like $200,000 I think.

 

[Plaidfish]

Put me on record now....IF I EVER find someone in that situation adn I feel kind enough to not beat the living crap out of him....and he wins that case....I WILL FIND THE SCUMBAG AND GET the money back.....one way or another.....I have my locks set up the same way..you need the key to get out too and I rig them so the key isn't stuck in the lock til it unlocks.....I want to catch someone in my house...make a friggin billboard w/ his beaten ass right over my roof for all the scumbags to see what happens to them.....
Did you guys know I HATE THEIVES!!!!!!
THEIVING SCUM DESERVE TO DIE!!!!!!